Category Archives: Commercial Arbitration

ABA’s 14th Annual Arbitration Training Institute: June, 2021

Please join us for the ABA’s Arbitration Training Institute – online! The faculty will be covering virtually all aspects of arbitration from the preliminary hearing, to the hearing, the award, and beyond – including online arbitration. Who Should Attend? ■Litigators wanting to better utilize arbitration ■Experienced and new arbitrators seeking better understanding of recent developments … Continue reading ABA’s 14th Annual Arbitration Training Institute: June, 2021

ABA House of Delegates Passes Resolution in Support of Commercial Arbitration

On February 22, the ABA House of Delegates passed Resolution 100 in support of arbitration of business-to-business (“b-to-b”) disputes.  This is an important recognition by the American Bar Association of the benefits and importance of arbitration to resolve these disputes.  It reads: RESOLVED, that the American Bar Association supports the use of arbitration of business-to-business … Continue reading ABA House of Delegates Passes Resolution in Support of Commercial Arbitration

SVAMC 2021 Tech List

Here is the latest from the Silicon Valley Arbitration and Mediation Center. I am delighted to be included on the list again this year.  SVAMC Releases 2021 List of the World’s Leading Technology Neutrals The Silicon Valley Arbitration & Mediation Center (SVAMC), has released its highly anticipated 2021 List of the World’s Leading Technology Neutrals … Continue reading SVAMC 2021 Tech List

Arbitrating Patent Disputes: A Practical Guide

I generally post articles here with some regularity. During the holiday season, though, I thought I’d take a break and just point you to a book I wrote dealing with arbitration issues. It’s the equivalent to at least 22 articles and is, in fact, based on a series of articles I wrote for this blog … Continue reading Arbitrating Patent Disputes: A Practical Guide

The Case of the Impartial Joke

Humor often helps make stressful situations bearable.  And arbitration hearings can be stressful.  I’ve seen many arbitrators use humor to defuse tension and just make life a little more enjoyable for everyone involved.  I’ve even tried it myself.  Sometimes it works. Sometimes it doesn’t.   But sometimes the joke isn’t taken the right way. Or … Continue reading The Case of the Impartial Joke

I’m Looking Through You — Or Not: Federal Jurisdiction to Enforce Arbitration Awards

Rarely do arbitration issues remind me of a Beatles song, but today’s issue does.  Remember I’m Looking Through You from Rubber Soul?  Well, whether a court will do that or not may change where you decide to enforce or challenge an arbitration award. Which court?  As I explained in my book, Arbitrating Patent Disputes, A … Continue reading I’m Looking Through You — Or Not: Federal Jurisdiction to Enforce Arbitration Awards

Arbitral Subpoenas: Where to Issue and Enforce Them

In the last article, we looked at a recent Eleventh Circuit case that took a fairly narrow view of arbitral subpoenas,  Managed Care Advisory Group, LLC v. Cigna Healthcare, Inc., No. 17-13761 (11th Cir., September 18, 2019).  There the Court overturned a district court’s order enforcing an arbitral subpoena, called a “summons” by the Court, … Continue reading Arbitral Subpoenas: Where to Issue and Enforce Them

Arbitral Subpoenas: Planning Required – and Maybe a Trip

In earlier articles and in my book, Arbitrating Patent Disputes: A Practical Guide, we have focused on subpoenas in arbitration.  The main messages are these: plan ahead and know the rules of your jurisdiction.  This message has been reinforced recently by the Eleventh Circuit‘s narrow reading of the Federal Arbitration Act.  We’ll get to that … Continue reading Arbitral Subpoenas: Planning Required – and Maybe a Trip